A. Defendant B delivers a building listed in the attached Form;

B. Defendant C is out of the first floor of the building indicated in the attached Form.

A. The Plaintiff was established to implement a housing redevelopment improvement project for approximately 43,872 square meters in Seo-gu, Busan, Seo-gu (hereinafter “instant redevelopment project”) and obtained authorization for the establishment from the head of Seo-gu Busan Metropolitan Government on January 11, 2008.

The Plaintiff obtained authorization from the head of Seo-gu Busan Metropolitan Government from the head of the Gu on January 9, 2013, authorization for the implementation of the project on September 12, 2014, authorization for the implementation of the project on March 18, 2015, authorization for the management and disposal plan on March 18, 2015, and authorization for the modification of the management and disposal plan on February 26, 2016, and the authorization for the modification of the management

B. Defendant B is the owner of the building indicated in the attached Form, and Defendant C is the lessee of the building indicated in the attached Form No. 1, 2, 3, 4, 5, 9, 10, 11, and 1 among the first floor of the building indicated in the attached Form No. 1, 2, 3, 4, 5, 10, 10, 11 and 35 square meters in line with each of the items indicated in the attached Form No. 5, 6, 7, 8, 9, and 5.

C. On April 21, 2016, the Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Busan Metropolitan City, and on July 28, 2016, upon the adjudication of expropriation rendered by June 20, 2016, Defendant B deposited KRW 294,918,90 with the Busan District Court as the depositee in Busan District Court Decision No. 6382 in 2016.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 6, Eul evidence Nos. 4 and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts, on March 2, 2016, on which the amendment to the above management and disposal plan was announced under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendants lost their right to use and benefit from the building as stated in the attached Form and acquired their right to use and benefit therefrom. Thus, barring special circumstances, Defendant B is obligated to deliver the building as stated in the attached Form to the Plaintiff, and Defendant C and D, a resident, to leave

B. Defendant B asserts that since the management and disposal plan (including amendment) formulated by the Plaintiff is null and void, it cannot comply with the Plaintiff’s claim.